KEDAR Vs. GOBARI

JUDGEMENT

(1.) This is defendant second appeal. Plaintiff filed suit for permanent injunction against the defendant with regard to suit property which was registered as original suit no. 318 of 2003.

(2.) The plaint case is that property shown in the map annexed along with plaint under item (Aa) and Item (Ba) shown by letters Ka, Kha, Ga, Gha and Cha, Chha, Ja and Jha belongs to the plaintiff and defendants are trying to interfere in the possession of the plaintiff. The plea set up in the plaint is that suit property mentioned at item no. (Aa ) and item no. (Ba) in the plaint map was purchased by two registered sale deeds dated 15.4.1971 and 20.1.1967; respectively. Plaintiff was put in possession of the property in dispute from the date of the sale deeds. The defendants have no concern with the suit property. On 1.4.1997 defendants made an attempt to dispossess the plaintiff from the disputed property and take forcible possession of the house of the plaintiff as such necessity of filing of the suit arose.

(3.) The suit was contested by the defendants on the ground that suit property is 'Sehan' of house of the defendants which is being used by their ancestors since before abolition of Zamindari. The contention of the defendants is that the suit property was purchased by the plaintiff is incorrect and two plaint maps are wrong. The correct map of the property has been annexed along with written statement. In fact, the plaintiff under the garb of the suit is trying to grab the property of the defendants.